Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 10, 2019

Official Report 561KB pdf

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Item 2 is consideration of Scottish statutory instruments that have been laid under the European Union (Withdrawal) Act 2018; we consider the scrutiny procedure under which the instruments were laid and the categorisation that the Scottish Government has applied.

Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (SSI 2019/273)

The Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 were laid under the negative procedure and have been categorised as being of low significance. They make minor and technical changes to the Management of Extractive Waste (Scotland) Regulations 2010, to ensure that references in the regulations are up to date and that deficiencies that arise from the United Kingdom’s withdrawal from the European Union are addressed.

Our advisers have indicated that the scrutiny procedure and categorisation could be appropriate. Are we content that the appropriate scrutiny procedure and categorisation have been applied to the regulations?

Members indicated agreement.

Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 (SSI 2019/274)

The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 were laid under the negative procedure and categorised as being of low significance. They amend the coming-into-force date of and make three minor amendments to the Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019, to correct minor drafting errors that this committee identified.

Our advisers have indicated that the scrutiny procedure and categorisation could be appropriate. Are we happy with that?

Members indicated agreement.